The state of Kansas won a summary judgment today in Shawnee County state court, upholding that the Pro-Life Protections Act of 2013 did not violate the Kansas Constitution’s “single subject” rule of legislative construction.
Attorneys for the Center for Women’s Health, the Overland Park offices of father- daughter abortion team Herb Hodes and Traci Nauser, lost a summary judgment from District Judge Rebecca Crotty. The abortionists’ legal team outrageously tried to argue that two sections of the law were unrelated to abortion. Those sections contained language:
- from the 1989 U.S. Supreme Court Webster ruling, that unborn children have interests that the state may protect in law, and
- expanding the state health department notices of resources available to mothers facing challenging prenatal diagnoses.
The first provision underscores what kind of laws for unborn children are allowed despite the Roe v Wade ruling, and the second prevents women from turning to abortion in frustration or due to ignorance of agencies assisting the disabled. Abortion attorneys made the lame claim to the court that because the word abortion did not appear in those provisions, they were unrelated to abortion!
KFL State Executive Director, Mary Kay Culp stated:
“This ruling shows how ridiculous it was when the abortion industry tried a few weeks ago to lay the costs of defending this law at our feet when, in the first place, they are the ones who sued the law, and, second, the court agrees today that they did so without cause!”
Also filed today in Judge Crotty’s court was a formal stipulation from both the state and abortion attorneys, clarifying that women seeking Kansas abortions will receive the state “Woman’s Right to Know” abortion materials–as printed–24 hours prior to abortion, including information that the clinic does not support.
Although abortionists Hodes and Nauser lost round one, the lawsuit as originally filed makes a variety of claims against the constitutionality of the Pro-Life Protections Act and further court filings are expected in state court (read more here).
In June, Hodes and Nauser failed to win a permanent injunction against the Act, but secured a temporary injunction blocking
- one definition of emergency abortion, and
- a mandate to place a link to the state informed consent website on the clinic’s homepage.